A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2017. 10. 27. 경 수원시 영통구 C에 있는 ‘D’ 술집에서 같은 직장에 근무하는 피해자 E( 여, 24세) 및 직장 동료들과 함께 술을 마시던 중, 술에 취한 피해자가 바람을 쐬겠다고

The defective victim gets out of the drinking house, and went to the "Gel" located in the same Gu F.

On October 28, 2018, the Defendant, at around 03:30 on October 28, 2018, exceeded the clothes of the victim, who was under influence of alcohol, and had sexual intercourse with the victim once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental and physical loss or non-recoverable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (emergency call implementation, victim E telephone conversations, witness H telephone conversations, verification of CCTV images in D, verification of CCTV images near the drinking house or Gelel, verification of CCTV images near the drinking house or near the Gel, request for an emergency key appraisal of the victim, and reproduction of CCTV images);

1. Emergency kift list for collecting evidence of sexual assault, medical records for victims of sexual assault, and replys to each request for appraisal;

1. Application of the Acts and subordinate statutes to photographs (on-site photographs, victim E-victim photographs), and to capsize each CCTV image;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances that are favorable to the statement in the grounds for sentencing);

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing prescribed in Article 51 of the Criminal Act);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service or attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notice Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and environment, the type, motive, process, consequence and seriousness of the instant crime, relationship between the Defendant and the victim, or disclosure order.